Oak  Street 
UNCLASSIFIED 


SUGGESTIONS 


AS  TO 


ORGANIZING  A  LAW  DEPARTMENT 


IN  THE 


UNIVERSITY  OF  CHICAGO. 


ADELBERT  HAMILTON, 
Instructor  m  the  Chicago  College  of  Law, 


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SUGGESTIONS 


V  Hr 


AS  TO 


ORGANIZING  A  LAW  DEPARTMENT 


IN  THE 


UNIVERSITY  OF  CHICAGO. 


ADELBERT  HAMILTON, 
Instructor  m  the  Chicago  College  of  Law* 


“  In  any  body  of  law  we  are  likely  to  find  certain  ideas  and  rules  that  may 
be  described  as  elementary.  Their  elementary  character  consists  in  this,  that 
we  must  master  them,  if  we  are  to  make  any  further  progress  in  our  study;  if 
we  begin  elsewhere  we  are  likely  to  find  that  we  have  begun  in  the  wrong 
place.” 

i  Pollock  and  Maitland  Hist,  of  Eng.  Com .  Law ,  209. 


798324 


Copyright  1898  by  Adelbert  Hamilton. 


CHICAGO. 

BARNARD  &  MILLER  PRINT. 

1898. 


SUGGESTIONS, 


AS  TO 

ORGANISING  A  UW  DEPARTMENT 

IN  THE 

UNIVERSITY  OF  CHICAGO. 


Dr.  William  R.  Harper, 

President ,  University  of  Chicago. 

Sir:  Concerning  the  organization  of  a  law  depart¬ 
ment  for  the  University  of  Chicago,  I  have  the  honor  to 
submit  suggestions  requested  as  follows: 

Any  one  examining  schemes  of  instruction  in  law 
schools  of  the  United  States  will  notice  their  diversity 
and  planlessness.  Scarcely  two  agree  even  in  general 
features.  One  begins  with  the  “  History  of  a 
Law  Suit,”  another  with  “Elementary  Equity,”  a  few 
with  “Elementary  Law,”  and  one  with  “Elementary 
Jurisprudence,”  while  by  far  a  greater  number  begin 
with  the  law  of  torts  and  of  contracts.  Crimes,  the  law 
of  carriers,  of  domestic  relations  and  of  pleading  and 
practice  form  the  first  studies  in  still  other  institutions. 
No  grouping  of  cognate  subjects  is  apparent,  no  atten¬ 
tion  seems  to  be  given  to  the  order  of  arranging  studies. 
Matters  of  adjective  law  are  intermingled  with  matters 
of  substantive  law.  Topics  which  are  dependent  are 
often  taught  before  the  student  is  instructed  in  topics 
whose  principles  if  understood  render  plain  those 
which  are  dependently  correlated.  In  seven  or 
eight  years  of  law  school  work,  no  scheme  of  law  study 
has  been  seen  by  the  writer  which  could  justly  claim  to 


2 


be  complete,  well  balanced,  and  thorough,  to  be  ar¬ 
ranged  with  reference  to  the  science  of  jurisprudence 
and  to  be  designed  to  be  taught  in  an  orderly,  logical 
manner  by  approved,  well  applied  methods  of  instruc¬ 
tion. 

It  is  nevertheless  the  belief  of  the  writer  that  there  is 
a  scheme  of  legal  study  which,  if  not  the  best,  at  least 
is  superior  in  the  following  particulars: 

1.  Comprehensiveness  of  scope  and  thoroughness  of 
detail. 

2.  A  logical  arrangement  of  studies  conducive  to 
economy  of  time  and  labor  by  the  student. 

To  attain  these  results  the  organization  of  a  law  de¬ 
partment  in  the  University  of  Chicago  should  in  my 
judgment  be  governed  by  certain  fundamental  ideas. 

I. 

THE  DEPARTMENT  SHOULD  BE  A  NATIONAL  SCHOOL  OF 

LAW. 

This  character  is  essential  to  enable  the  department 
to  assume  rank  in  accordance  with  the  dignity  of  the 
University.  Moreover,  it  will  be  a  strong  inducement 
to  students  in  all  parts  of  the  country  to  avail  them¬ 
selves  of  its  privileges.  And  what  is  more  material 
to  present  inquiry,  the  national  character  of  the  new 
law  school  will  necessarily  comprehend  important  ex¬ 
tensions  of  its  work,  as  compared  to  that  of  other  law 
schools,  so  that  it  may  cover  fully  the  field  of  law  as 
administered  in  the  United  States.  These  extensions 
are  in  the  subjects  of  pleading  and  practice,  civil  or 
Roman  law  and  federal  law.  At  present  no  law  school 


3 


within  my  knowledge  presents  a  scheme  of  instruction 
which  if  thoroughly  studied  will  fit  a  student  to  practice 
according  to  any  or  all  of  the  systems  of  procedure  in 
vogue  in  the  United  States.  The  states  group  them¬ 
selves  into  two  general  classes:  states  adopting  common 
law  remedies  and  procedure  and  states  adopting  a  codi¬ 
fied  procedure.  Both  methods,  with  all  their  modifica¬ 
tions  and  peculiarities,  ought  to  be  taught  in  a  national 
school  of  law.  Again,  a  few  of  the  states,  notably 
Louisiana,  and  to  a  less  extent  California,  possess  sys¬ 
tems  of  law  developed  from  the  civil  or  Roman  law  as 
distinguished  from  the  common  law  of  England.  In  all 
of  the  states  equity  principles,  the  practice  of  courts  of 
chancery,  and  legislation  have  been  strongly  influenced 
by  Roman  law.  A  national  school  should  consequently 
teach  the  fundamental  principles  of  Roman  law  as  de¬ 
veloped  in  Louis^na,  California  and  elsewhere  in  the 
United  States  where  that  law  has  been  influential. 

There  is  further  advantage  in  giving  the  school  a  na¬ 
tional  character.  It  would  free  it  from  dependence  upon 
any  particular  state.  Believing  that  a  law  school 
should  prepare  students  for  admission  to  practice  in  any 
jurisdiction  it  appears  to  me  to  be  a  limitation  of  its 
purpose  calculated  to  repel  students  if  it  is  organized 
with  reference  to  admission  to  practice  in  a  specific 
state.  I  do  not  share  the  opinion  that  it  is  for  the  ad¬ 
vantage  of  a  law  school  of  high  character  to  advertise 
that  “  its  diplomas  given  after  two  (or  three)  years’ 
study  admit  to  the  bar  of  Illinois”  or  elsewhere,  unless 
it  is  designed  by  the  management  of  such  school  to  con¬ 
duct  it  as  a  local  institution  existing,  as  such  schools 
generally  are,  mainly  for  purposes  of  revenue.  There 
is  not  within  my  knowledge  any  state  whose  Supreme 


4 


Court  has  set  standards  for  admission  to  the  bar  worthy 
of  adoption  or  even  equal  to  those  of  the  better  class 
of  law  schools.  On  the  contrary  the  conditions  pre¬ 
scribed  by  the  State  Courts  for  admission  to  the  bar 
are  often  farcical  in  character  and  generally  are 
inadequate  testsof  the  qualifications  of  applicants  (*) 


I  I. 

THE  SCHEME  OF  STUDY  OF  THE  DEPARTMENT  SHOULD 
COVER  THE  FIELD  OF  LAW. 

The  curricula  of  most  law  schools  are  defective. 
In  part  this  is  so  because  suitable  books  have  not 
been  prepared  to  admit  of  the  study  of  important 
topics.  Another  reason  is  that  conductors  of  law  schools 
are  so  largely  practicing  as  distinguished  from  scientific 
lawyers;  the  former  not  being  fully  informed  as  to 
the  field  occupied  by  the  science  of  law,  while  the 


(*)  Examinations  for  the  bar  conducted  in  the  past  by  the  Ap¬ 
pellate  Courts  under  the  direction  of  the  Supreme  Court  of  Illi¬ 
nois  illustrate  the  low  standards  set  by  this  State  for  admission. 
It  is  within  the  knowledge  of  the  writer  that  young  men  after  from 
four  to  six  months  study  have  successfully  passed  the  Appellate 
Court  examinations  for  admission.  It  has  been  common  for 
young  men  who  have  completed  the  first  year  of  study  in  the  in¬ 
stitution  of  which  the  writer  is  an  instructor  to  pass  their  exam¬ 
inations  in  the  Appellate  Courts  for  admission  to  the  bar. 
Recently  somewhat  more  stringent  rules  have  been  adopted  by 
the  Supreme  Court  of  Illinois  and  a  Board  of  Examiners  created. 
It  may  be  doubted  however  whether  such  a  Board  will  reach  the 
standards  set  by  the  law  schools.  No  ten  dollar  examination 
by  the  Board  extending  over  a  period  of  from  one  to  three  days 
and  comprising  a  few  questions  concerning  each  of  the  subjects 
about  which  students  ought  to  be  examined  can  be  a  reliable  test 
of  the  preparatory  work  done  by  them.  Nor  can  the  Legislature 
be  expected  to  aid  in  raising  the  standard  for  admission  to  the 
bar.  During  a  recent  effort  to  secure  through  the  Legislature 
an  extension  of  the  period  of  study  to  three  years  it  developed 
that  most  of  its  members  were  of  opinion  that  a  certificate  of  good 
moral  character  was  all  that  was  necesary  to  qualify  for  admis¬ 
sion.  With  such  views  not  much  for  the  advancement  of  the 
standards  of  legal  education  can  be  expected  from  legislative 
bodies.  The  real  agencies  to  do  this  work  are  the  higher  class  of 
law  schools. 


c 


57  P 


Hamilton,  Adelbert. 

guises tions  as  to  organizing 
partment  in  the  University  o, 

1P9P. 


a  law  de 
Chicago. 


ITS 


5 


latter,  although  better  informed  of  the  boundaries  of 
the  law,  are  not  in  positions  of  control  which  enable 
them  to  supply  defects  in  the  courses  of  study  in  the  in¬ 
stitutions  with  which  they  are  connected. 

The  principal  matters  wherein  the  work  of  the  law 
schools  is  defective  are  the  following: 

1.  In  teaching  of  the  art  of  practicing  law.  Forex- 
ample  in  no  less  an  institution  than  Harvard  Law  School 
the  art  of  practice  see£  .>  to  be  almost  wholly  neglected. 
I  am  informed  that  Harvard  presents  but  two  minor 
courses  in  practice;  one  conducted  with  reference  to 
Massachusetts  and  another  with  reference  to  New  York 
State.  My  observation  is  that  one  of  the  most  import¬ 
ant  demands  made  by  students  of  law  is  for  instruction  in 
practice  and  that  not  with  reference  to  any  one  or  two 
states  but  throughout  the  United  States.  Students  de¬ 
sire  to  know  where  they  can  be  taught  such  methods  as 
will  enable  them  to  enter  upon  the  actual  work  of 
their  profession  in  any  state  where  American  law  pre¬ 
vails.  To  be  of  genuinely  national  character  the  law 
department  should  meet  this  need. 

2.  Certain  departments  of  law  are  either  not  taught  at 
all  or  are  defectively  taught  because  they  have  not  been, 
so  to  speak,  hewn  out  of  the  rough  materials  of  juris¬ 
prudence  and  erected  into  a  clear,  well  defined  body  of 
elementary  law  suitable  to  be  taught.  There  does  not 
exist  in  reference  to  these  topics  a  literature  for  the  use 
of  teachers  and  students.  Take  for  example  the  subject 
of  administrative  law — by  which  I  refer  to  those  princi¬ 
ples  constitutional,  statutory  and  unwritten  which  regu¬ 
late  the  performance  of  the  functions  of  government  by 
its  officers.  This  is  a  body  of  law  of  importance  as  to 
which  I  know  of  no  book  treating  in  a  manner  suitable 


6 


for  the  use  of  students.  An  instructor  in  administrative 
law  may  teach  the  chapters  in  Blackstone’s  Commen¬ 
taries  on  sheriffs,  coroners  and  some  other  minor  officers 
of  England  which  have  been  adopted  in  the  various 
United  States,  but  the  treament  in  Blackstone  is  utterly 
inadequate.  From  the  President  of  the  United  States 
and  the  Governors  of  the  various  states  downwards  are 
lines  of  administrative  officers  exercising  important 
functions  and  possessing  many  powers  and  duties  de¬ 
fined  by  constitutions,  statutes  and  a  mass  of  unsystem¬ 
atized  decisions  of  the  courts  concerning  them.  There 
are  in  the  Illinois  statutes  alone  about  thirty  heads 
of  provisions  relating  to  administration  of  the 
government.  An  elementary  work  of  reasonable  size 
would  require  from  six  to  ten  chapters  for  treatment  of 
this  department  of  law.  We  have  no  such  work  and  no 
single  book  covering  this  topic.  It  must  therefore  be 
studied,  if  at  all,  in  fragments  scattered  through  con¬ 
stitutions  and  statute  books,  decisions  of  courts,  parts 
of  text  books,  or  in  some  text  book  so  overloaded  with 
details  relating  to  other  topics  as  to  be  wholly  unsatis¬ 
factory  for  the  use  of  students. 

Similarly  with  reference  to  the  law  of  remedies:  We 
are  compelled  to  study  remedies  in  the  same  fragmentary 
way  for  the  lack  of  suitable  books.  We  are  teaching  in 
the  law  schools  the  use  of  about  twenty  well  known 
common  law  or  equitable  remedies,  while  in  Illinois 
alone  the  catalogue  of  common  law  actions,  equitable 
suits  and  statutory  proceedings  numberSn early  seventy- 
five  separate  remedies.  The  list  would  be  considerably 
augmented  by  examining  the  law  of  remedies  in  other 
states  and  in  the  federal  system  of  law. 

The  foregoing  are  by  no  means  all  of  the  defects  in 


7 


the  system  of  legal  study  now  in  vogue.  They  are  suf¬ 
ficient  however  to  emphasize  the  need  of  insisting  that 
in  preparing  a  new  scheme  of  legal  study  care  shall  be 
taken  to  make  it  comprehensive  enough  to  cover  fully 
the  field  which  it  assumes  to  occupy. 


III. 

THE  DEPARTMENT  SHOULD  ADOPT  APPROVED  METHODS 
OF  INSTRUCTION,  TAKING  CARE,  HOWEVER,  TO  USE 
THEM  IN  THEIR  APPROPRIATE  PLACES  WITH  A  VIEW 
OF  PRODUCING  THE  BEST  RESULTS  WITH  THE  GREAT¬ 
EST  REASONABLE  ECONOMY  OF  TIME  AND  LABOR. 

At  present  there  are  three  methods  of  instruction  in 
vogue,  namely,  the  “  text  book  method” — by  which  is 
meant  the  study  of  text  books  and  the  practice  of  recit¬ 
ing  from  them  in  response  to  “  quizzes”  regularly  con¬ 
ducted  by  competent  instructors.  The  next  method  is 
known  as  the  “case  method,”  by  which  the  text  book, 
although  not  discarded,  is  subordinated  into  a  reference 
book,  the  student  giving  his  efforts  to  analysis  of  actual 
cases  exemplified  by  decisions  of  the  courts.  The 
third  method  is  through  the  medium  of  lectures  on  legal 
topics.  In  my  judgment  each  of  these  methods  possesses 
certain  advantages  as  well  as  disadvantages.  No  one 
of  them  is  suitable  to  be  adopted  exclusively  in  any 
school  which  aims  to  do  the  best  work  with  students. 
There  are  times  also  in  the  education  of  the  young  law¬ 
yer  where  the  use  of  one  method  is  preferable  to  that 
of  another. 

The  text  book  method  possesses  the  advantage 
of  presenting  the  law  as  a  comprehensive  whole  to 
the  mind  of  the  student  by  whose  reading  the  legal 
fabric  is  as  it  were  passed  before  his  eyes  to  be  rapiply 


8 


viewed  objectively.  If  the  fabric  of  the  law  may  be 
compared  to  a  building,  the  study  of  it  through  the  text 
book  is  like  placing  the  observer  at  a  point  of  view 
that  will  enable  him  to  perceive  its  architecture, 
the  materials  which  compose  it  and  the  details  of  its 
structure.  This  objective  way  of  looking  at  the  entire 
fabric  of  the  law  is  speedy.  Students  quickly  learn 
many  legal  principles  which,  guided  by  good  common 
sense,  they  apply  to  simple  cases  with  facility  and  ac¬ 
curacy.  But  it  may  be  truly  said  that  the  study  of  text 
books  is  principally  a  memory-operation  by  the  student. 
Incidentally  some  discipline  in  the  application  of  prin¬ 
ciples  to  cases  and  in  the  analysis  of  legal  problems  may 
be  acquired.  But  the  main  advantages  of  the  text 
book  method  are  those  derived  from  the  rapid,  objective 
survey  of  the  law  and  the  memorizing  of  its  fundamental 
principles. 

The  second  or  case-method  is  calculated  admirably 
to  supplement  the  text  book  method.  Precisely  where 
the  text  book  method  is  weak,  viz.,  in  disciplining 
the  mind  to  analyze  legal  problems  and  to  apply  to  con¬ 
ditions  of  facts  their  appropriate  legal  principles,  the 
case  method  is  strong.  It  cultivates  analysis  and  trains 
the  mind  of  the  student  into  habits  of  logical  legal 
thought.  But  it  has  the  disadvantage  of  being  a  slow 
method.  No  student  has  time  enough  to  study  an 
adequate  number  of  cases  to  give  him  a  comprehensive, 
thorough  grasp  of  the  fabric  of  law  in  its  entirety. 
Following  the  simile  of  the  building  it  may  be  said 
that  studying  law  through  cases  is  like  studying  a 
building  by  moving  along  six  inches  from  its  walls 
and  examining  in  detail  every  brick  and  stone 
in  them.  Undoubtedly  conceptions  of  the  entire 


9 


fabric  can  eventually  be  derived  in  this  way,  but  the 
method  involves  too  much  detail  and  too  little  oppor¬ 
tunity  to  view  in  perspective  the  whole  to  recommend 
it  as  an  exclusive  method  of  study. 

The  lecture  is  not  only  a  useful  method  but  one  abso¬ 
lutely  necessary  under  the  conditions  which  confront 
legal  study.  Until  proper  books  have  been  written  for 
the  use  of  students  the  only  logical,  coherent  method  of 
presenting  topics  of  law  that  are  wanting  a  college  lite¬ 
rature  is  by  a  series  of  lectures.  Observation  leads  me  to 
believe  that  the  lecture  needs  to  be  supplemented  by  the 
note  book  of  the  student  and  the  “  quiz’  ’  of  the  instructor. 
Students  claim,  and  undoubtedly  think,  that  they 
learn  a  great  deal  from  lectures.  They  are  often  enter¬ 
taining,  but,  while  requiring  attention  from  the  student, 
exempt  him  from  actually  doing  any  hard  thinking  about 
them  such  as  would  be  required  in  response  to  a  “  quiz’  ’  or 
in  the  work  of  analyzing  cases.  I  have  repeatedly  tested 
the  results  of  lectures  by  a  “quiz”  based  upon  them, 
made  one  or  two  months  after  the  lecture  was  delivered, 
and  have  invariably  found  students  weak  in  stating  the 
substance  of  the  lecture.  It  seems  to  fade  from  their 
memory  in  a  short  time.  Therefore  I  insist  upon  the 
using  of  the  note  book  and  “quiz”  to  fix  the  substance 
of  the  lecture  in  the  mind  of  the  student,  and  except  as 
a  supplement  to  supply  information  which  cannot  be 
presented  to  the  student  either  in  the  form  of  text  books 
or  of  cases  the  lecture  system  does  not  commend  itself 
to  me.  But  in  its  necessary  field  it  should  be  made 
available. 

In  connection  with  lectures  there  is  an  historical 
method  of  instruction  which  I  esteem  of  great  value 
in  the  teaching  of  law.  I  do  not  here  allude  to 


IO 


lectures  merely  presenting  chronologically  a  series 
of  historical  facts.  Lectures  of  this  charatcer  are  not 
satisfactory  in  teaching  law  because  the  lecturer  often 
appears  to  care  more  for  history  than  for  law,  or  for  the 
connection  between  law  and  history,  and  makes  the  lec¬ 
ture  simply  an  array  of  facts.  So  far  as  the  law  is  con¬ 
cerned  knowledge  of  an  historical  fact  is  of  no  special 
value  except  as  a  premise  for  some  legal  deduction  or 
as  an  illustration  of  the  growth  of  some  legal  or  consti¬ 
tutional  principle.  The  whipping  of  Titus  Oates  for 
perjury  in  disclosing  Popish  plots,  taken  alone,  is  a 
mere  incident  in  English  history,  but  if  the  lecturer  will 
connect  that  incident  with  the  constitutional  principle 

to  which  it  belongs,  namely  that  no  person  shall 

# 

be  subjected  to  punishments  that  are  excessive  or 
cruel  then  the  incident  is  perceived  to  have  been  preg¬ 
nant  with  consequences  and  to  have  contributed  to  the 
establishment  of  a  constitutional  principle  whose  mean¬ 
ing  it  illustrates  and  emphasizes.  Insisting  therefore 
that  the  teacher  of  legal  history  shall  connect  his  history 
with  the  law  upon  which  it  bears  I  am  of  opinion  that 
great  service  can  be  rendered  by  methods  of  instruction 
which  shall  be  partly  historical  and  partly  legal.  My 
opinion  is  that  such  teaching  would  of  necessity  be 
largely  through  the  medium  of  lectures  supplemented  by 
original  work  on  the  part  of  students.  The  lectures 
should  be  topical,  taking  for  example  a  constitutional 
principle  such  as  that  just  formulated  and  tracing  that 
principle  back  through  every  accessible  state  docu¬ 
ment  in  which  it  appears,  showing  its  various  forms  and 
putting  before  the  student  the  historical  incidents  orig¬ 
inating  the  principle  and  contributing  to  its  modifica¬ 
tion,  enlargement  or  other  form  of  development.  By 


this  method  of  historical  teaching  the  principles  studied 
would  become  fixed  in  the  memory,  their  meaning  and 
application  greatly  enlarged,  and  the  mind  of  the  stu¬ 
dent  enriched  with  historic  illustration. 

These  considerations  lead  to  another  suggestion:  Orig¬ 
inal  work  on  the  part  of  the  students  as  well  as  by  the 
faculty.  I  know  of  no  department  of  learning  that  offers 
more  opportunities  for  original  work  than  the  study  of 
law.  The  preparation  of  historical  lectures  such  as  just 
mentioned  may  well  enlist  active  students  in  the  col¬ 
lation  of  historical  information  cognate  to  principles  of 
law.  The  gathering  of  materials  for  the  proper  present¬ 
ation  of  those  topics  of  law  as  to  which  we  need  text 
books  may  also  profitably  occupy  the  time  of  students. 
Likewise  the  drafting  of  plans  of  statutory  consolida¬ 
tion  and  revision,  the  framing  of  proposals  for  new 
legislation  and  for  constitutional  revision  affords  a  wide 
field  for  original  work,  not  alone  of  advantage  to 
the  students  and  the  school  but  of  public  value.  A 
proper  course  of  instruction  in  a  law  school  should  con¬ 
template  such  and  other  original  work. 


IV. 


THE  FACULTY  OF  THE  DEPARTMENT  SHOULD  BE  COM¬ 
POSED  MAINLY  OF  MEN  WHO  GIVE  THEIR  TIME  EXCLU¬ 
SIVELY  TO  TEACHING  LAW,  BUT  THEIR  LABORS  MAY 
WELL  BE  SUPPLEMENTED  BY  JUDGES  UPON  THE  BENCH 
AND  LAWYERS  IN  ACTIVE  PRACTICE,  ESPECIALLY  IN  THE 
DEPARTMENT  OF  ADJECTIVE  LAW  AND  IN  CERTAIN  SPE¬ 
CIAL  BRANCHES  OF  LEGAL  STUDY. 

Broadly  speaking  there  are  two  great  departments  of 
teaching  in  a  law  school.  One  is  the  teaching  of  the 
science  of  law  and  the  other  is  the  teaching  of  law  as  an 


12 


art  of  practice.  The  science  of  law,  particularly  that 
department  known  as  substantive  law,  i.  e.,  the  law  of 
rights  as  distinguished  from  adjective  law  or  the  law  of 
the  methods  by  which  rights  are  asserted  is  a  tolerably 
definite  field  of  ascertained,  fixed  law.  The  English  law 
of  rights  has  developed  so  far  that  its  fundamental  prin¬ 
ciples  are  not  subject  to  sudden  or  great  changes. 
Where  the  principles  of  law  are  thus  settled  I  am  of 
opinion  that  they  well  may  be,  and  should  be,  taught  by 
men  giving  their  entire  time  to  them.  Moreover,  the 
employment  of  such  a  body  of  men  in  the  faculty  is  con¬ 
ducive  to  the  highest  success  of  a  law  department  be¬ 
cause  they  are  free  from  the  cares  of  practice  and  have 
no  interests  which  conflict  with  those  of  the  school. 
My  observation  is  that  in  many  cases  where  the  practi¬ 
cing  lawyer  is  at  the  same  time  a  teacher  in  case  of  con¬ 
flict  of  duties  the  school  is  sacrificed  to  practice  and  the 
work  of  the  teacher  is  rendered  fluctuating  in  quantity 
and  uncertain  in  quality.  In  teaching  the  science  of 
law  and  in  administering  the  affairs  of  the  law  school  I 
incline  to  the  opinion  that  the  instructor  who  gives  his 
whole  time  to  college  work  is  to  be  preferred.  I  cannot 
say,  however,  that  in  my  observation  such  men  are  as  a 
whole  better  teachers  than  instructors  who  are  either  on 
the  bench  or  in  practice.  Both  classes  contribute  men 
who  are  and  who  are  not  qualified  for  the  duties  of  their 
office.  Where  a  judge  or  practicing  lawyer  is  really  in¬ 
terested  in  teaching  and  brings  to  his  work  natural  apti¬ 
tudes  as  an  instructor,  he  makes  a  teacher  of  the  very 
first  rank.  A  judge  or  an  actively  practicing  lawyer  who 
is  a  good  teacher  is  sure  to  be  one  of  the  best.  More¬ 
over,  a  great  law  school  ought  to  keep  closely  in  touch 
with  the  highest,  best  spirits  of  both  the  bench  and  the 


13 


bar.  If  I  may  venture  criticism  of  so  admirable  an 
institution  as  Harvard  Law  School  it  is  that  since 
the  days  when  Story,  Greenleaf  and  Washburn  were 
connected  with  the  school  it  has  lost  touch  with 
great  leaders  among  jurists  and  lawyers.  I  believe  this 
loss  is  real  and  that  as  between  two  law  schools,  one 
like  Harvard,  where  nine  of  the  ten  men  in  the  fac¬ 
ulty  give  their  time  exclusively  to  teaching  law,  and  an¬ 
other  school  where  instruction  is  in  charge  of  persons  ex¬ 
clusively  teaching  law  but  whose  work  is  supplemented 
by  that  of  an  able  corps  of  instructors  drawn  from  the 
bench  and  from  the  ranks  of  active  practitioners,  stu¬ 
dents  may  well  prefer  the  latter  institution.  If  well  se¬ 
lected  such  men  give  distinction  to  a  school.  There  are 
also  qualities  in  the  personality  of  the  judge  and  the 
practicing  lawyer  that  are  of  value  to  the  student  and 
which  are  not  possessed  ordinarily  by  pedagogues. 
Moreover  instruction  given  by  the  judge  or  by  the  law¬ 
yer  at  the  bar  will  be  illumined  by  examples  of  practical 
experience  which  will  be  of  inestimable  value  to  the  stu¬ 
dent.  Especially  will  this  be  true  if,  as  in  my  judgment 
it  should  be,  the  employment  of  members  of  the  bar 
and  judges  upon  the  bench  be  in  connection  with 
the  teaching  of  adjective  law.  Adjective  law  embraces 
the  subjects  of  remedies,  pleading,  evidence,  practice  at 
the  bar  and  procedure  by  the  courts.  These  subjects  in¬ 
volve  matters  that  are  often  arbitrary  in  character,  pe¬ 
culiar  to  local  conditions  and  greatly  affected  by  daily 
practice  in  the  law  offices  and  in  the  courts.  The 
intelligent  lawyer,  or  the  judge  upon  the  bench, 
coming  from  daily  actual  contact  with  affairs  of  litigants 
and  familiar  with  the  methods  of  practically  administer¬ 
ing  remedies  will  be  able  to  give  to  students  information 


14 


which  the  mere  pedagogue  does  not  know.  Practicing 
law  is  a  living  activity  subject  to  constant  change.  There 
are,  it  may  be  said,  fashions  in  legal  practice.  There 
are  changes  from  year  to  year  in  the  character  of  busi¬ 
ness  done  by  lawyers.  The  services  of  the  active  mem¬ 
bers  of  the  profession  are  needful  to  give  “  up  to  date” 
instruction  in  these  matters  of  practice,  with  which  the 
pedagogue-lawyer  not  coming  in  daily  contact  will  be 
unable  to  teach. 

But  if  accomplished  lawyers,  eminent  judges  and 
distinguished  statesmen  are  admitted  to  the  faculty  it 
should  be  only  upon  the  rigidly  enforced  condition  that 
they  actually  teach.  Their  connection  with  the  school 
should  be  not  merely  nominal.  Some  years  ago  an 
energetic,  capable  gentleman  assumed  direction  of  the 
law  department  of  a  well-known  University.  He  trans¬ 
formed  it  from  a  revenue  school  to  an  educational  in¬ 
stitution,  putting  in  the  places  of  a  superannuated,  mer¬ 
cenary  faculty  capable  instructors  whose  labors  were  ad¬ 
vertised  to  be  supplemented  by  an  array  of  distinguished 
lawyers  and  judges.  But  the  array  of  distinguished 
names  amounted  to  no  more  than  a  false  pretense,  for  the 
men  never  did  the  work  they  were  advertised  to  do. 
The  result  is  the  school  has  receded  rather  than  ad¬ 
vanced  from  the  high  position  its  re-organizer  assumed. 
The  example  is  not  one  that  should  be  imitated. 

Not  only  should  every  member  of  the  faculty  actually, 
conscientiously  participate  in  its  labors,  but  their  work 
should  accord  with  the  scheme  of  study  and  methods  of 
teaching  adopted  for  the  department.  Any  other  prac¬ 
tice  will  be  sure  to  lead  to  a  want  of  harmony  calcu¬ 
lated  seriously  to  affect  the  results  of  students’  labors. 
To  produce  harmony  and  effectiveness  in  the  work 


i5 


should  be  the  business  of  an  executive  officer  of  the  de¬ 
partment  having  directive  authority  with  reference  to  its 
faculty.  In  most  schools  this  officer  is  the  “  Dean,”  an 
office  which  appears,  however,  to  be  more  an  honorary 
dignity  conferred  upon  the  oldest  member  of  a  law 
faculty  than  a  position  with  duties  attached  to  it.  I 
would  suggest  that  the  office  of  Dean  be  not  adopted 
and  that  in  place  of  the  “  Dean  ”  a  competent  “  Chair¬ 
man  of  the  Law  Faculty,”  equipped  with  energy  and 
authority  enough  to  conduct  successfully  a  University 
law  department  be  appointed. 

V. 

STUDENTS  SHOULD  BE  REQUIRED  TO  GIVE  THEIR  ENTIRE 

TIME  TO  THE  LAW  DEPARTMENT  THROUGHOUT  THEIR 

COURSE  OF  STUDY. 

The  reason  for  this  requirement  is  because  of  the 
magnitude  and  difficulties  of  the  task  of  mastering  the 
legal  field.  It  is  a  prevalent  notion  in  some  localities 
that  a  man  may  make  himself  a  lawyer  incidentally  to 
the  business  of  book-keeping,  stenography,  selling 
goods,  running  a  foundry,  laying  street-car  tracks,  and 
other  similar  occupations.  It  is  true  that  many  men  so 
occupied  may  and  do  memorize  a  good  deal  of  law — 
enough  to  admit  them  to  practice  before  lax,  illiterate 
courts.  But  any  one  in  position  to  compare  the 
work  of  the  well-trained  lawyer  with  the  qualifica¬ 
tions  of  these  men  cannot  but  observe  the  deficiencies 
of  the  latter  in  grasp  of  legal  problems,  in  their  analy¬ 
ses,  in  resourceful  solution  of  them,  in  reliability  as 
counsel,  and  in  capacity  as  attorneys.  It  is  to  be  re¬ 
membered  that  the  education  of  the  lawyer  is  not  so 


i6 


much  in  memorizing  legal  principles,  as  in  training 
the  mind  in  the  exercise  of  certain  legal  faculties. 
This  training  is  not  acquired,  cannot  be  acquired 
merely  by  reading  and  reciting  law.  Something  more  is 
needful.  The  law  must  be  applied  to  actual  legal 
problems.  This  involves  thought,  analysis,  logical  ap¬ 
plication  of  principles,  all  of  which  requires  time.  Re¬ 
peatedly  do  I  find  in  the  actual  work  of  teaching  that 
from  one  to  two  hours  may  profitably  be  spent  on  a 
single  decision  of  case-law.  With  many  years’  experi¬ 
ence  I  am  unable  to  digest  to  a  stenographer  more 
than  an  average  of  ten  cases  per  day.  This  is  the  work 
that  really  trains  the  mind  of  the  student  into  legal 
habits  of  thought.  It  is  not  mere  memorizing  of  texts 
in  order  to  respond  to  “  quizzes”  and  it  takes  time. 
Properly  conducted  the  work  of  a  law  school  will  re¬ 
quire  the  full  time  of  the  student  who  seeks  to  be 
trained  up  to  actual  standards  of  practice.  If  he  does 
the  work  he  will  have  no  hours  that  can  be  given  to  ac¬ 
counting,  merchandising,  or  street-carring.  That  pro¬ 
verbial  jealousy  accredited  to  the  law  as  a  mistress  is  as 
applicable  to  the  student  as  to  the  lawyer  in  practice. 

Several  difficulties  arise  in  connection  with  the  fore¬ 
going  requirement;  one  is  lack  of  means.  Many  men  are 
required  to  earn  their  living  while  studying  for  the  bar 
and  feel  unable  to  give  all  their  time  to  an  institution 
of  learning.  The  difficulty  here  is  real  and  ought  in  my 
judgment  to  be  met  so  far  as  practicable  by  the  Univer¬ 
sity.  There  are  about  any  great  school  many  opportuni¬ 
ties  to  earn  a  living.  Some  money  may  always  be 
earned  in  a  University  by  the  student  who  desires  it. 
A  liberal  endowment  could  moreover  provide  scholar¬ 
ships  to  compete  for  which  only  those  needing  them 


1 7 


should  be  encouraged  and  which  when  secured  may  be 
a  substantial  aid  in  maintaining  the  student.  Again  the 
student  may  be  compelled  to  withdraw  from  the  institu¬ 
tion  to  earn  money  by  teaching  and  otherwise  during  a 
limited  time  after  which  he  returns  to  continue  his 
studies.  By  these  means  a  student  may  carry  himself 
successfully  through  a  school,  but  I  am  of  opinion  that 
it  should  insist  upon  having  his  whole  time  and  efforts 
while  enrolled  as  a  student. 

Should  students  enter  law  offices  while  connected  with 
the  law  school?  This  is  a  course  often  adopted  because 
it  affords  an  opportunity  to  earn  a  small  compensation 
in  many  cases  and  because  of  the  advantages  it  affords 
in  teaching  the  student  many  matters  of  practice  he  must 
eventually  learn  and  which  are  not  so  quickly 
acquired  in  a  law  school.  I  am  alive  to  the  value 
of  the  practical  work  of  a  law  office  in  training  for  the 
bar.  It  is  my  judgment  that  every  young  man  can  well 
afford  to  give  at  least  three  years  to  the  practical  duties 
of  a  law  office.  I  believe  however  that  time  spent  in  a 
law  office  should  not  be  the  period  of  law  school  attend¬ 
ance.  Until  students  have  gone  through  the  law  school 
they  are  of  little  or  no  value  in  any  law  office.  After 
they  have  completed  their  law  studies  in  the  school  they 
are  of  some  value  in  an  office.  Entering  into  it  rather 
late  in  their  novitiate  they  are  better  prepared  to  per¬ 
form  its  duties.  It  is,  in  my  judgment,  a  mistake  to  en¬ 
ter  too  early  into  the  practical  affairs  of  litigation.  Stu¬ 
dents  are  not  qualified  for  the  work  of  litigation  during 
their  law  school  novitiate;  moreover  they  are  ordinarily 
too  immature  in  years  to  enter  offices.  The  practical 
duties  of  the  lawyer  and  his  assistants  are  peculiarly 
based  upon  confidence  to  secure  which  a  certain  ma- 


i8 


turity  of  age  is  requisite.  Nine  out  of  ten  students  are 
too  young  to  be  entrusted  with  business  either  by  their 
professional  seniors  or  by  clients.  In  a  city  like  Chicago 
hardly  earlier  than  the  age  of  twenty-five  may  a  lawyer 
reasonably  expect  practice.  Students  can  afford  to  wait 
their  completion  of  studies  in  school  before  seeking  to 
enter  offices.  If  they  will  so  wait  they  will  enter  bet¬ 
ter  prepared  for  the  duties  of  the  place  and  find  their 
progress  in  learning  practice  more  rapid  and  thorough 
than  it  would  have  been  had  they  entered  at  an  earlier 
time. 


OUTLINE  OF  STUDY. 

The  scheme  of  study  herewith  presented  is  divided 
into  four  departments  and  is  analytic  rather  than  syn¬ 
thetic.  It  proceeds  from  the  general  to  the  particular. 
First  the  student  is  given  a  survey  of  the  legal  field 
through  the  medium  of  legal  grammar  or  jurisprudence. 
Next  the  survey  is  particularized  slightly  in  a  course  of 
elementary  law  wherein  the  three  great  divisions  into 
International  law,  Public  Law  and  Private  Law  are  sub¬ 
jected  to  an  elementary  analysis  calculated  to  familiarize 
the  student  with  the  principal  topics  of  law,  its  nomencla¬ 
ture,  definitions  and  principles.  Secondly  the  course  of 
substantive  law  carries  the  student  into  details  of  sub¬ 
stantive  legal  science.  Finally  the  course  of  adjective 
law  and  the  special  courses  are  designed  to  train  the 
student  in  the  science  and  arts  of  general  practice, 
and  special  work. 

Many  reasons  for  the  adoption  of  the  analytic  method 
will  occur  to  the  practical  educator.  It  is  objective 
rather  than  subjective;  it  presents  law  as  a  complete 
fabric  external  to  the  mind  rather  than  as  a  structure 
to  be  built  in  the  mind  by  a  process  of  examining  in 


19 


detail  the  materials  of  the  law  and  upbuilding  them. 
Synthetic  methods  fail  to  make  use  of  the  immense 
amount  of  valuable  legal  analysis  contributed  by  the 
sages  and  masters  of  law  in  the  past,  and  synthesis 
does  not  so  well  as  analysis  admit  of  the  selection  of 
important  topics  of  law  for  special  study.  There 
is  economy  of  time  and  labor  by  adopting  an  analytic 
in  preference  to  a  synthetic  method. 

The  jurisprudential  scheme  with  reference  to  which  is 
arranged  the  outline  of  studies  following  is  that  set 
forth  by  Professor  Holland  in  his  admirable  “  Elements 
of  Jurisprudence.”  The  test  of  completeness  of  the  out¬ 
line  is  its  accordance  with  his  work.  This  test  dis¬ 
closes  some  defects  and  redundancies — but  these  are 
less  in  number  and  importance  than  in  any  other 
outline  I  know,  and  until  a  series  of  texts  have 
been  specially  prepared  for  law  school  work  slight 
defects  and  redundancies  must  exist  in  any  outline  of 
legal  study  that  can  be  framed.  Text  books  have  not 
been  written  with  reference  to  scientific  courses  of 
study — and  the  nature  of  legal  science  precludes  forcing 
it  into  the  form  of  any  present  series  of  legal  works. 
The  only  way  to  bring  about  an  agreement  here  is  to 
prepare  new,  better  adapted  texts  to  use  in  place  of 
most  those  at  present  at  hand. 

The  four  departments  into  which  the  scheme  is 
divided  are: 

A.  Jurisprudence  and  Elementary  Law. 

B.  Advanced  Jurisprudence  and  Law  (Substan¬ 
tive). 

C.  Advanced  Law  (Adjective). 

D.  Advanced  Law  (Masters’  Course  and  Special 
Studies). 


20 


The  covering  of  these  departments  of  study  by  the 
student  is  designed  to  be  compulsory  or  optional  ac¬ 
cording  as  the  student  desires  (a)  a  certificate  of  certain 
studies  pursued  to  enable  admission  to  the  bar  of  some 
court,  (b)  A  diploma  conferring  the  degree  of  Bachelor 
of  Laws,  or  (c)  a  diploma  conferring  the  degree  of 
Master  of  Laws. 


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TABULATION  I 

to  accompany  suggestions  as  to  organizing  a  Law  Department 
In  the  University  of  Chicago. 

By  ADELBERT  HAMILTON. 

Department  A. 

JURISPRUDENCE  AND  ELEMENTARY  LAW. 

The  method  of  instruction  to  be  pursued  in 
this  department  is  by  text  book  study  and  by 
lectures  with  note  books  and  “  quizzes.”  It  is 
not  designed  to  introduce  thus  early  the  study 
of  cases.  The  purpose  is  to  cover  the 
work  of  this  department  in  about  four 
months,  and  to  give  the  student  an  ele¬ 
mentary  survey  of  the  field  of  law,  during 
which  he  may  learn  its  parts  and  topics,  its 
definitions,  fundamental  principles  and  termi¬ 
nology.  It  is  deemed  enough  if  the  student 
observes  the  land-marks  of  the  law,  memorizes 
its  leading  definitions  and  principles  and  ac¬ 
quires  an  understanding  of  their  plain  mean¬ 
ing  and  application  to  simple  cases. 

Time,  four  months. 


Subjects.  Topics.  Taught  by.  Study. 


The  term  jurisprudence  is  not  here  used  as 
synonymous  witli  law,  but  in  a  narrower  sense 
as  meaning  the  science  which  reduces  legal 
phenomena  to  order  and  coherence.  In  this 
sense  jurisprudence  stands  to  law  in  much 
the  same  relation  that  grammar  does  to  lan¬ 
guage.  The  reasons  for  studying  jurispru¬ 
dence  in  connection  with  law  arc  analogous  to 
those  which  sanction  the  study  of  grammar  in 
acquiring  a  language.  They  are  to  aid  the  stu¬ 
dent  in  learning  the  component  elements  and 
the  sources  of  laws,  the  various  classes  of  laws, 
and  the  modes  in  which  laws  are  formulated 
and  systematized. 

This  department  comprises,  besides  juris¬ 
prudence,  the  three  great  subjects,  interna¬ 
tional  law,  public  law  and  private  law.  Al¬ 


though  the  treatment  of  each  subject  is  ele¬ 
mentary  it  should  be  thorough  enough  to  stand 
the  scientific  test  of  completeness,  that  is,  it 
should  show  each  of  these  three  subjects  in  the 
eight  jurisprudential  aspects  which  legal  rights 
present,  viz:  as  substantive,  adjective,  antece¬ 
dent,  remedial,  normal,  abnormal,  in  rem  and 
in  personam.  These  eight  aspects  of  rights 
are  apparent  enough  in  the  great  subject  of 
private  law,  but  are  not  so  apparent  in  the  less 
developed  topics  of  public  law  and  interna¬ 
tional  law . 

It  will  be  observed,  in  the  tabulated  scheme 
following,  that  recourse  is  had  to  various  text 
books  which  are  designed  to  be  supplemented 
by  lectures.  This  has  been  done  of  necessity 
not  by  choice.  What  is  needed  for  the  depart¬ 


ment  of  elementary  law  is  a  text  work  of 
about  four  volumes.  No  such  work  is  in  ex¬ 
istence.  Blackstone’s  splendid  Commentaries 
provided  it  for  the  conditions  of  1705,  but  since 
then  much  of  Blackstone’s  work  has  become 
obsolete,  and  the  development  of  international 
law,  of  public  law  and  of  private  substantive 
law  with  reference  to  that  abnormal  person, 
the  corporation,  and  of  private  adjective  law 
with  reference  to  equity  and  codification,  has 
been  so  great  as  to  render  Blackstone’s  work 
very  defective  for  present  use.  Until  a  new 
work  adequate  to  cover  the  field  is  provided, 
instruction  in  it  must  take  a  form  similar  to 
that  indicated  in  the  tabulation.  With  a  dili¬ 
gent  faculty  the  necessary  volumes  could  be 
prepared  for  the  use  of  students  in  one  year. 


A. 

Jurisprudence . 

.  I. 

Elements  of  Jurisprudence . 

B. 

International  Law . 

.  I. 

II. 

International  Persons, 
Antecedent  International  Rights, 

III. 

Belligerency, 

IV. 

Neutrality. 

Recitation  from  book.  Textbook . Holland’s  Jurisprudence. 


Woolsey  on  International  Law. 


C.  Public  Law. 


I.  Constitutional  Law . 

II.  Administrative  Law . 

III.  Criminal  Law . 

IV.  Criminal  Procedure . 

V.  Law  of  the  State  as  a  Juristic  Person. . . . 

VI.  Law  of  Procedure  by  or  vs.  the  State _ 


notes  of  lectures, 
book. 


notes  of  lectures. 


Lecture  notes. . 
Text  book . 


.  .Black  on  Constitutional  Law. 

I  No  elementary  text  book  written. 
I  Lectures  necessary. 

..Washburn  on  Cr.  Law  or  a 
selected  State  Criminal  Code, 
e.  g.  of  Illinois. 


Lecture  notes - No  elementary  text.  Lectures 

necessary. 


I). 


Private  Law . 

Jurisprudential  Aspects  of  Rights. 


In  rem 


Substantive.  • 


Antecedent. 


[  Remedial 


In  personam.. 

Normal . 

Abnormal . 


I.  Personal  Safety, 

II.  Family  Rights, 

III.  Right  to  Reputation, 

IV.  Exercise  of  Ordinary  Rights, 

V.  Proprietary  Rights, 

VI.  Immunity  from  Fraud, 

VII.  Rights  Arising  Ex  Lege, 

VIII.  “  “  Ex  Contractu, 

IX.  Natural  Persons, 

X.  “  “  Under  Disability, 

XI.  Artificial  Persons, 

XII.  Remedial  Rights . 


f 

I 


I.  Jurisdiction,  J 
II.  Courts, 

III.  Remedies,  | 

IV.  Pleading, 

V.  Evidence, 

VI.  Practice.  J 


book.  Textbook . Blackstone’s  Introduction,  1st, 

2nd  and  3rd  volumes — supple¬ 
ment  by  lectures. 


notes  of  lectures.  Lecture  notes.... No  elementary  text  book.  Lec¬ 
tures  necessary. 


Blackstone’s  3rd  Book  has  some 
valuable  matter  on  these  topics. 


Copyright,  1898,  Adalbert  Hamilton. 


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TABULATION  2 

o  organizing  a  Law  Department 
By  ADELBERT  HAMILTON. 


Department  B. 


It  is  assumed  that  young  men  entering  this 
department  know  the  grammar  of  the  law,  most 
of  its  familiar  concepts  and  principles,  and  in 
a  general  way  their  legal  relations,  and 
that,  in  acquiring  such  knowledge,  they  have 
prepared  themselves  for  the  study  of  ad¬ 
vanced  law  as  it  is  studied  by  lawyers  in 
actual  practice.  It  is  deemed  a  good  educa¬ 
tional  method  to  teach  students  the  nature  of 
legal  rights  before  attempting  to  train  them 
in  the  means  of  enforcing  them.  Conse¬ 
quently,  substantive  law  is  made  the  subject 
of  Department  B,  and  the  study  of  adjective 
law  is  deferred  to  a  later  period.  In  this  de¬ 
partment  (B),  while  the  reading  of  text  books 
is  retained  as  a  method  of  study,  and  while 
the  responsibility  of  the  student  for  text  book 


ADVANCED  JURISPRUDEN 
work  is  still  to  be  tested  by  the  “quiz,"  it  is 
designed  to  divide  the  work  of  the  student  so 
that  fully  one-half  of  his  time  shall  be  given  to 
the  study  of  cases,  statutes  and  treaties.  Thus 
is  the  student  carried  from  the  mere  memory 
work  of  Department  A  to  more  difficult  work 
in  legal  analyses  and  to  the  logical  application 
of  principles  to  actual  cases.  The  order  of 
studying  the  three  great  subjects  of  law,  inter¬ 
national,  public  and  private,  is  retained  in  this 
department  as  in  Department  A.  This  order 
is  a  method  of  studying  the  law*  from  the 
external  to  the  internal,  *.  <*.,  from  the  external 
affairs  of  the  State  to  its  internal  affairs  and 
to  the  rights  and  duties  of  the  individual 
citizen.  In  practice  this  appears  to  be  more 
satisfactory  than  to  proceed  at  once  to  private 


AND  LAW.  (SUBSTANTIVE.) 

law  with  its  many  complexities  and  multitude 
of  details  likely  to  confuse  the  learner.  The 
grouping  of  cognate  topics  is  apparent,  e. 
with  reference  to  constitutional  and  adminis¬ 
trative  law;  with  reference  to  real  and  per¬ 
sonal  property;  with  reference  to  contracts 
generally  and  their  many  particular  forms  in 
sales,  marriages,  bailments,  insurance,  surety¬ 
ship  and  guaranty,  bills  and  notes,  agencies, 
partnership,  mortgages,  etc.  Other  groupings 
of  cognate  topics  are  likewise  observable.  It 
is  believed  too  that  the  order  in  which  the 
subjects  are  arranged  is  such  as  to  make  a 
rincipal  matter  precede  in  study  one  that  is 
ependent  upon  it.  For  example  the  princi¬ 
ples  of  constitutional  law  are  to  be  taught  be¬ 
fore  the  principles  of  the  law  of  property,  of 


personal  rights,  of  contracts,  etc.,  are  to  be 
studied.  In  the  field  of  contracts  the  general 
principles  of  the  subject  are  designed  to  be 
taught  before  special  applications  of  such  prin¬ 
ciples  in  particular  kinds  of  contracts  are 
studied:  e.  g.,  the  general  subject  of  con¬ 
tracts  precedes  agency,  which  is  itself  fol¬ 
lowed  m  the  scheme  by  an  extension  of  it, 
viz:  the  law  of  partnership.  It  will  be  ob¬ 
served  that  this  department  suffers  for  want 
of  suitable  text  books.  Until  they  can  be  had 
they  must  either  be  supplied  by  original 
works  by  the  faculty  or  tneir  place  must  be 
taken  by  lectures  and  selected  cases. 

Time,  twelve  months. 


Taught  by. 


Study. 


A.  Jurisprudence .  This  work  includes: 

I.  “Case-Jurisprudence.”  Here  the  student  should  learn  to  read 
and  use  the  “case.”  He  should  examine  well-constructed 
and  ill-constructed  cases,  proceeding  from  simple  to  com¬ 
plex  decisions,  learning  the  rules  for  making  statements 
of  facts  and  opinions  of  courts,  and  learning  the  distinc¬ 
tion  between  decision  and  dictum,  and  of  the  value  of 
precedents.  He  should  analyze  cases  and  digest  them  into 
syllabi.  He  should  study  case  annotation,  classification 
of  cases,  and  digest-making.  He  should  learn  the  litera¬ 
ture  of  case  law  and  digests,  and  the  use  of  the  library. 

II.  “Topic-Jurisprudence."  This  means  the  study  of  legal  sub¬ 
jects  or  topics,  their  proper  analyses  for  treatment  in 
text-books,  the  making  of  tables  or  contents  and  indexes, 
text-book  making,  literature  of  text-books,  use  of  library, 
etc. 

III.  “Statute-Jurisprudence.”  Methods  of  framing  laws;  rules  of 
interpretation  and  construction;  classification  of  statutes, 
revision  of  statutes,  codification  of  law;  literature  of  stat¬ 
utes;  and  use  of  library. 


Recitation  and  case  work.  The  literature  to  be  studied  in  coverinc  elementary  and  ad¬ 

vanced  legal  grammar  includes  Holland's  Jurisprudence, 
Austin’s  Jurisprudence,  excerpts  from  Bentham,  and  other 
works  on  the  subject,  a  collection  of  illustrative  cases  and 
statutes,  and  supplementary  lectures. 

The  course  in  jurisprudence  or  legal  grammar,  if  conscientiously 
worked  out,  should  produce  in  the  student  the  following 
results:  1.  A  comprehensive  knowledge  of  the  nature  of 
law  and  of  the  field  of  law  in  all  its  various  parts.  2. 
Knowledge  of  the  tools  of  the  legal  profession,  their  struct¬ 
ure,  whereabouts  and  uses.  3.  Practical  knowledge  of 
digesting  and  text-book  making,  calculated  to  prepare  young 
men  who  expect  to  seek  employment  with  law  publishers 
desiring  such  services.  4.  Practical  knowledge  in  the  use 
of  legal  literature. 


B.  International  Law. . . 


I.  Persons  in  International  Law. 

II.  Commencement  of  States— Fundamental 
Rights  and  Duties. 

III.  Territorial  property  of  a  State. 

IV.  Territorial  jurisdiction. 

V.  Jurisdiction  of  the  High  Seas  and  Un¬ 
occupied  Places. 

VI.  Agents  of  a  State  in  International  Rela- 

VII.  Nationality. 

VIII.  Treaties. 


Recitation  and  case  work.  Glenn  on  International  Law  and  cases,  treaties  and  statutes  to 

be  selected  and  printed  for  use  of  students.  Work  to  com- 
.  prise  written  digest  of  cases,  and  oral  analysis  and  discus¬ 

sion  of  same,  supplemented  by  special  information  to  be 
given  by  instructor. 


Cooley  on  Constitutional  Limitations;  U.  S.  Constitution,  Typical 
State  Constitution  and  selected  cases. 

No  text  book  on  this  subject  written,  except  as  to  Comparative 
Administrative  Law;  study  lecture  notes  and  selected 
statutes  and  cases. 

III.  Criminal  Law .  “  “  “  “  Clark’s  Criminal  Law,  supplemented  by  a  selected  criminal 

code  (e.  g.  Illinois)  and  by  selected  cases. 

IV.  Law  of  State  as  a  Juristic  Person .  “  “  “  “  Lecture  notes  and  selected  cases  and  statutes;  no  text  book 


I.  Constitutional  Law  . 
II.  Administrative  Law. 


I.  Personal  Safety. 

II.  Family  Rights. 

III.  Right  to  Reputation. 

IV.  Exercise  of  Ordinary  Rights 

V.  Immunity  from  Fraud. 

VI.  Proprietary  Law. 

Real  Property . 


Rights  Arising  Ex  Lege. 

Domestic  Rights  in  personam . 

Fiduciary  Rights  in  personam . 

Meritorious  Rights  in  personam . 

Official  Rights  in  personam . 

Rights  Arising  Ex-Contractu. 

Contracts  Generally . 

Contracts  Specially. 

AHamtinn  3  Exchange;  Barter;  | 

Alienation.,  j  Sale  and  Warranty.  f . 

(Mutuum — Notes  and  Bills  and  Bonds  . 

Commodatum;  Letting . 

Marriage . 

Sendees  and  Negative  Service. 

Deposit.  J 

Work  on  Materials.  | 

Professional  Sen-ice.  [ . 

Domestic  “  j 

Agency . 

Partnership . 


Aleatory  Contracts.. 


Accessory  Contracts. 


Nautica  Pecunia, 
[  Insurance, 

Marine, 

Fire, 


Suretyship. 

Indemnity, 

Hedge  and  Mortgage, 

Ratification, 

Account  Stated, 
Further  Assurance. 


d  disability. 

X.  Abnormal  Persons . 

Natural  Persons  under  disability. 
Artificial  Persons. 

Private  Corporations . 

Public  Corporations . 

XI.  Remedial  Rights. 


Bishop  on  Non-Contract  Law,  and  selected  statutes  and  cases. 


Hopkins  on  Real  Property;  Tiedeman  on  Real  Property;  selected 
statutes  and  cases. 

Smith  on  Personal  Property:  selected  statutes  and  rases. 

Schouler  on  Wills;  statutes  and  cases. 

Schouler  on  Domestic  Relations;  selected  statutes  and  cases. 
Bispham’s  Equity  Jurisprudence:  selected  statutes  and  cases. 
Lecture  notes  and  selected  cases;  no  satisfactory  book. 


Bishop  on  Contracts;  selected  statutes  and  cases. 

Benjamin  on  Sales;  statutes  and  cases. 

Norton  on  Bills  and  Notes,  Selected  Statutes  and  Cases;  study 
selected  cases  and  statutes  on  bonds. 

Schouler  on  Bailments;  cases  and  statutes. 

See  Schouler  on  Domestic  Relations,  supra. 


Study  also  Schouler  on  Bailments;  cases  and  statutes. 
Mechem  on  Agency;  selected  statutes  and  cases. 
Mechem  on  Partnership;  selected  cases  and  statutes. 


No  satisfactory  elementary  work  except  Richards  on  Fire  In¬ 
surance.  Use  selected  cases,  statutes  and  lectures. 


Lectures,  cases  and  statutes;  no  satisfactory  book. 

Lectures,  statutes  and  cases. 

Elliott  on  Corporations;  statutes  and  cases. 

Statutes,  cases  and  lectures:  no  satisfactory  book  for  students. 


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TABULATION  3 

to  accompany  suggestions  as  to  organizing  a  Law  Department 
In  the  University  of  Chicago. 


By  ADELBERT  HAMILTON. 


Department  C. 


This  department  assumes  a  knowledge  of 
jurisprudence,  of  elementary  law  and  of  ad¬ 
vanced  substantive  law.  Adjective  law,  name¬ 
ly,  that  which  treats  of  the  methods  by  which 
legal  rights  are  enforced,  forms  the  topic,  and 
the  work  is  designed  to  be  thoroughly  prac¬ 
tical.  The  method  of  instruction  still  contem¬ 


plates  the  use  of  text  books.  But  fully  two- 
thirds  of  the  work  demands  the  actual  draft¬ 
ing  of  documents  and  the  study  of  cases  and 
statutes,  the  student  using  the  case  method 
and  the  instructor  lecturing.  This  is  both 
desirable  and  necessary.  It  will  be  observed 
there  is  a  lack  in  many  parts  of  this  course  of 


(ADJECTIVE.) 

suitable  texts.  Adjective  law  suffers  especial¬ 
ly  from  the  want  ot  good  books  adapted  to  the 
use  of  students. 

Time,  twelve  months. 

The  total  time  scheduled  for  the  three 
departments  (A,  B  and  C)  is  twenty-eight 
months.  Three  years  of  nine  months'  work 


each  would  probably  suffice  to  cover  the 
course.  Satisfactory  completion  of  the  work 
in  the  three  departments  Dy  a  student  quali¬ 
fied  to  begin  it  should  entitle  him  to  the 
degree  of  Bachelor  of  Laws. 


Subjects. 


Topics. 


Taught  by. 


A.  International  Law... 


Amicable  Settlement  of  Disputes. 
International  Relations  in  War. 
Effect  of  War  as  to  Persons. 
Effect  of  War  as  to  Property. 
Postliminium. 

Military  Occupation. 

Means  of  Carrying  on  Hostilities. 
Enemy  Character. 

Non-Hostile  Relations. 
Termination  of  War. 

Neutrality. 

Contraband. 

Blockade. 

Visit,  Search  and  Angary. 


Recitation  and  case  work.  Glenn’s  International  Law;  select  documents,  statutes  and  cases, 
with  lecture  notes. 


B.  Public  Law .  I.  Jurisdiction . 

II.  Procedure  by  or  vs.  State . 

III.  Criminal  Procedure . 

1.  Of  the  State. 

2.  “  “  United  States. 

IV.  Administrative  Procedure . 

Herein  especially  of  school  administration,  taxation 
and  revenue  collection,  etc. 


Lecture  notes,  statutes  and  cases;  no  satisfactory  book. 

Lecture  notes,  cases,  statutes  and  selected  documents. 

Clark’s  Criminal  Procedure;  also  statutes  and  selected  cases,  show¬ 
ing  State  and  Federal  procedure  in  criminal  matters. 

Statutes,  cases  and  lectures;  satisfactory  texts  not  written. 


1.  United  States . 

2.  State . 

II.  Courts. 

1.  State . . 

2.  United  States . 

III.  Remedies. 

1.  Common  Law.  T 

2.  Equitable. 

3.  Statutory,  including  |  In  State  and  United  States 

Probate.  |  Courts . 

4.  Code. 

5.  Admiralty. 

As  indicative  of  the  scope  of  this  topic  is  given 
the  table  of  remedies  below,  which  is 
approximately  correct  for  Illinois,  but 
which  needs  to  be  supplemented  by  reme¬ 
dies  in  use  in  other  states,  or  peculiar  to 
the  federal  courts.  * 

IV.  Pleading. 


Common  Law . 

1.  State. 

2.  United  States. 

Equity . 

1.  State. 

2.  United  States. 

Code . 

1.  State. 

2.  In  U.  S.  Courts. 

Statutory . 


Sta 


In  United  States  Courts 
Probate. 

In  State  Courts . 

V.  Evidence . 

V I .  Practice  and  Procedure . ^  ^ 

"^^b^ooksforstuefents!)  * 
VII.  Forensic  Medicine. 

VIII.  Legal  Ethics . 


topic  not  well  represented-* 


Curtis  on  Jurisdiction,  and  selected  statutes  and  cases. 
Lectures,  statutes  and  cases;  no  satisfactory  book. 


Gould  on  Pleading;  Chitty  on  Pleading;  statutory  regulations  and 
selected  cases,  analysis  and  drafting  of  pleadings. 

Merwin  on  Equity  and  Equity  Pleadings;  Story  on  Equity  Pleading; 
statutory  regulations  ana  selected  cases,  analysis  and  drafting 
of  pleadings. 

Hepburn  on  Codes,  and  Bliss  on  Code  Pleading;  statutes  and 
selected  cases,  analysis  and  drafting  of  pleadings. 

Statutes  and  cases,  with  actual  work  in  drafting. 


Greenleaf  on  Evidence;  statutes  and  cases. 

Lecture  notes,  statutes  and  cases;  no  satisfactory  book  for  students. 


Lectures;  no  satisfactory  book  for  students. 


There  aro  a  large  number  of  these  methods  of  redressing 
wrongs,  generally  affording  specific  relief,  sometimes  damages, 
and  always  providing  for  cases  not  adequately  remediable  eitlier 
by  common  law  actions  and  writs,  or  by  suits  in  equity.  It  is 
difficult  to  make  a  logical  classification  of  these  proceedings, 
hence  not  more  is  attempted  than  to  arrange  them  and  indicate 
their  general  nature. 

1.  Account. 

2.  Administration  or  conservation  proceedings. 

3.  Adoption  of  children,  apprenticeship  and  bastardy  pro¬ 

ceedings. 

4.  Arbitration  and  references. 

5.  Attachment  and  garnishment,  and  attachment  of  watercraft. 

«.  Capias  and  habeas  corpus. 

7.  Extradition,  Requisition,  and  the  writ  of  Ne  Exeat. 

8.  Claims  against  decedents,  minors,  lunatics,  spendthrifts, 

County  Commissioners  and  insolvents. 

0.  Courts  Martial. 

10.  Dram  shop  suits. 


1.  Bills  to  enforce  trusts. 

2.  Bills  to  foreclose  mortgages. 

3.  Bills  to  administer  assignments. 

4.  Bills  to  correct  accidents  or  mistakes, 
ft.  Bills  based  on  fraud. 

0.  Notice:  estoppel  and  election. 

7.  Conversion. 


Debt. 

Covenant. 

Ejectment. 

Replevin. 

Trespass. 


0.  Mandamus. 


*  Statutory  Remedies  and  Proceedings. 


11.  Election  proceedings. 

12.  Escheat  proceedings. 

13.  Eminent  Domain  proceedings. 

a.  Drainage  condemnation. 

b.  Mill  condemnation. 

c.  Park  condemnation. 

d.  Railroad  condemnation. 

e.  Road  condemnation. 

f.  Toll  bridges  and  roads. 

14.  Evidence,  proceedings  for, 

a.  Perpetuating  testimony. 

b.  Restoring  records. 

15.  Foreclosure  proceedings. 

a.  Chancery. 

b.  Scire  Facias. 

c.  Chattel  Mortgage. 

d.  Unclaimed  property  and  liens. 

e.  Estrays. 

10.  Forcible  entry  and  detainer. 

Equitable  Remedies. 

8.  Adjustment:  set-off;  contribution;  subrogation;  exoneration, 

and  marshalling. 

9.  Equitable  liens. 

10.  Specific  performance. 

11.  Injunctions. 

12.  Re-execution;  reformation,  and  cancellation. 

13.  Account;  dower;  partition;  confusion  of  boundaries;  rent. 

Common  Law  Remedies. 


Prohibition. 
Procedendo. 
Certiorari. 
Scire  facias. 
Quo  Warranto. 

Indictment. 

Information. 


17.  Writ  of  Error. 

18.  Appeal. 


17.  Fish  and  Fisheries  protection. 

18.  Fence  disputes. 

19.  Impeachment  proceedings, 

20.  Insolvency  proceedings. 

21.  Indictments  and  informations. 

22.  Liens  of  mechanics  and  material  liens. 

23.  Set-offs. 

a.  Against  State  Auditor. 

b.  Before  justices  of  the  peace. 

c.  Before  courts  of  record. 

d.  Negotiable  instruments. 

e.  Of  executions. 

24.  Paupers  and  their  support. 

2ft.  Revenue  and  railway  rates  cases. 

20.  Tender. 

27.  Town  and  Township  organization  and  re-organization. 


14.  Partnership  bills;  creditors’  bills;  administration  suits. 

15.  Bills  concerning  infants,  idiots  and  lunatics. 

16.  Discovery;  commissions  to  examine  witnesses  abroad;  per¬ 

petuation  of  testimony;  examinations  de  bene  esse. 

17.  Bills  quia  timet;  receivers;  writs  of  ne  exeat;  writs  of  suppli- 


It  will  be  observed  that,  numerous  as  these  remedies  are, 
they  do  not  include  statutory  remedies  in  the  United  States 
Courts;  nor  do  they  include  admiralty  remedies,  nor  the  remedies 
of  self-help  by  recaption  and  re-entry,  nor  code  remedies.  The 
method  of  teaching  this  topic,  until  a  suitable  text  book  is  prepared 
will  necessarily  be  by  lectures,  selected  statutes  and  cases, 
and  special  work  by  students  according  to  directions  of  their 
instructor. 


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Law  Dc 


TABULATION  4 


By  ADELBERT  HAMILTON. 

Department  D. 


The  course  of  instruction  in  a  law  school 
has,  or  should  have,  several  objects  in  view. 
Primarily  its  purpose  is  to  prepare  men  for 
the  general  practice  of  law.  The  work  of 
Departments  A,  B  and  C,  it  faithfully  done, 
is  believed  to  be  sufficient  to  accomplish  this 
purpose.  But  besides  men  who  simply  desire 
to  be  fitted  for  practice  there  are  others  whose 
time,  means  and  disposition  render  a  more 
scholarly  preparation  both  possible  and  de¬ 
sirable.  For  these  men  extensions  of  the  work 
of  Departments  A,  B  and  C  are  provided  in 
Department  D,  so  that  they  may  be  enabled  to 
cover  wholly  the  field  of  the  most  advanced 
recorded  experience  in  international  law,  in 
comparative  public  law  and  private  law,  in 
Roman  law  and  its  descendants,  the  conti¬ 
nental  European  and  Spanish-American  sys¬ 
tems  of  law,  in  the  history  of  both  English 
and  Roman  law,  and  in  the  principles  of  states- 


ADVANCED  LAW.  (MAST! 
manship.  It  is  believed  that  so  far  as  a  law 
school  can  by  its  work  entitle  men  to  the 
degree  of  Master  of  Laws,  what  is  here  termed 
a  “  Masters'  Course,”  coupled  with  an  addi¬ 
tional  period  of  actual  practice  necessary  to 
that  maturity  of  mind  essential  to  make  one 
truly  a  Master  of  Laws,  is  enough  to  warrant 
the  conferring  of  that  degree.  The  prepara¬ 
tion  of  men  tor  the  Master's  degree  may  be 
said  to  be  the  second  purpose  of  a  well  organ¬ 
ized  law  school’s  course  of  instruction.  A 
third  purpose  is  the  fitting  of  men  who  desire 
to  enter  upon  the  pursuit  of  some  special 
branch  or  department  of  practice.  For  these 
men  the  law  school  should  provide  special 
courses,  which  are  here  suggested  in  reference 
to  admiralty,  patent,  mining,  corporation, 
banking  and  railway  practice.  These  special 
courses  of  study*arc  designed  to  be  optional. 

The  course  of  study  m  the  principles  of 


AND  SPECIAL  COURSES.) 
statesmanship  is  believed  to  be  unique  in  law 
school  curricula.  It  is,  however,  thought  to 
be  a  natural  outgrowth  of  the  study  of  law. 
The  devejopment  of  law  is  in  one  way  always 
a  crystallization  into  customary  rules  or  statu¬ 
tory  enactments  of  economic  and  social  prin¬ 
ciples  which  are  themselves  in  a  constant  state 
of  development  with  the  progress  of  civiliza¬ 
tion.  The  course  in  the  principles  of  states¬ 
manship  contemplates  a  definition  of  social 
progress  and  its  laws,  a  thorough  grounding  in 
the  principles  of  economic  production  and 
distribution,  and  an  exposition  of  the  princi¬ 
ples  of  practical  statesmanship,  which  shall 
unfold  the  meaning  of  the  doctrines  of  Laisses 
Faire  and  protection,  define  the  nature  and 
functions  of  the  state,  formulate  the  principles 
of  international  trade  and  of  economic  taxa¬ 
tion,  show  the  relation  of  the  state  to  the  de¬ 
velopment  of  industrial  organizations,  and 


indicate  the  correlation  of  the  law  with  the 
principles  of  sociology  so  far  as  the  latter  have 
been  worked  out.  Involved  in  this  work  is  the 
study  of  the  history  of  political  organizations 
in  the  United  States,  the  operation  of  govern¬ 
mental  machinery  and  the  process  of  state  de¬ 
velopment.  It  is  believed  that  such  a  course 
in  the  principles  of  statesmanship  may  well  be 
the  culminating  point  of  legal  study,  and  that 
young  men  taking  it  will  be  better  fitted  to 
enter  the  field  of  practical  politics,  which  is  so 
attractive  to  many  lawyers,  and  which  in  the 
past  has  been  so  dignified  by  their  achieve¬ 
ments. 

Time  for  the  Master’s  course,  one  year  of 
nine  months  work,  in  addition  to  the  time  re¬ 
quired  for  Departments  A,  B  and  C. 


Subjects. 


Taught  by. 


Study. 


Masters’  Course. 

A.  International  Law —  International  Relations;  History  and  Diplomacy. 


H.  Public  Law  .  I.  Constitutional  Law. 

(  Foreign. . . 
Comparative .  -j 

(  Interstate. 


History . j  ^"stsies”  V. !' 

II.  Administrative  Law. 

Comparative  studies  in . 


C.  Private  Law .  I,  Comparative  Statutory  Law. 


II.  Comparative  Unwritten  Law. 


I).  Roman  Law .  Institutes  of  Roman  Law. 


E.  Continental  European 
and  Spanish-Ameri- 


Recitations  and  special  work.  Lecture  notes,  treaties,  selected  documents  and  works. 


Burgess  on  Comparative  Constitutional  Law;  selected  constitutions 
and  works. 

Lecture  notes,  selected  constitutional  provisions  and  specially  prepared 
matter;  no  text  book  made.  See  note  infra  as  to  Stimson’s 
American  Statute  Law  for  materials  for  this  topic. 

Lecture  notes  and  special  works  to  be  selected. 

Schouler's  Evolution  of  United  States  Constitution,  selected  documents 
and  lecture  notes. 

Goodnow’s  Comparative  Administrative  Law,  and  selected  works  and 
lecture  notes.  See  also  infra  as  to  Stimson’s  American  Statute 
Law  for  materials  on  this  subject. 


The  materials  for  working  this  great  field  of  law  are  to  be  found  in 
Stimson’s  American  Statute  Law,  a  work  too  large  for  other  than  ref¬ 
erence  purposes.  What  is  required  here  is  a  manageable  condensa¬ 
tion  of  Stimson’s  materials  into  a  series  of  lectures  to  be  printed  for 
students  and  to  be  studied  in  connection  with  original  work  by 
them  in  this  topic. 

Lectures  and  special  work. 


Howe’s  Civil  Law,  Sander’s  Justinian,  lecture  notes  and  special  work, 
under  direction  of  instructor. 


Lectures  and  special  work,  to  be  prepared  for  students;  no  text  book. 


F.  Legal  History. 


Principles  of  States- 


Special  Courses. 

H.  Admiralty  Law, 

I.  Banking  “ 

J.  Corporation  “ 

K.  Mining 

M.  Railway  “ 


II. 


Of  Roman  Law  and  its  influence  on  the  legal  systems 

of  Europe  and  Spanish-America . 

Of  English  Common  Law.  ] 

1.  Early  English  Legal  History. 

2.  Doctrines  of  English  Law  in  the  | 

Early  Middle  Ages. 

a.  Tenure. 

b.  Sorts  and  Conditions  of  Men. 

c.  Jurisdiction  and  the  Com¬ 

munities  1  ’i  the  Land.  j  . 

d.  Ownership  and  possession,  | 

e.  Contract. 

f.  Inheritance. 

g.  Family  Law. 

h.  Crime  and  Tort. 

i.  Procedure. 

Social  Economics . 


Gunton’s  Principles  of  Social  Economics,  and  special  work  by  lectures 
to  be  printed  for  students. 


Special  works,  to  be  selected  to  meet  the  needs  of  students  in  these 
branches. 


2 


OBSERVATIONS. 

From  the  foregoing  outline  it  is  possible  to  deduce 
some  conclusions. 

It  is  obvious  that  an  immense  amount  of  original 
work  is  required.  Many  subjects  are  noted  where  text¬ 
books  suitable  for  students  are  either  wholly  wanting 
or  are  imperfectly  adapted  for  law  school  use.  The 
remedy  here  is  to  supply  new  ones,  their  place  being 
taken  by  lectures  and  cases  until  better  books  can  be 
made.  The  teaching  of  many  subjects  in  the  course 
demands  for  the  use  of  students  the  preparation  of 
cases,  selected  statutes,  treaties  and  constitutions  and 
of  printed  notes  of  lectures.  On  the  part  of  the  student 
daily  work  is  required  in  the  study  of  text  books,  lecture 
notes,  cases,  statutes,  etc.,  and  much  of  this  work 
requires  written  digesting  of  cases  by  the  student. 
One  of  the  objections  to  teaching  exclusively  by  the 
case-method  is  that  in  a  class  of  one  hundred,  for  ex¬ 
ample,  the  actual  work  of  analyzing,  explaining  and  com¬ 
menting  upon  cases  will  fall  into  the  hands  of,  perhaps, 
twenty-five  per  cent,  of  the  students,  who  happen  to  be 
men  possessed  of  some  facility  of  speech  and  of  analyti¬ 
cal  minds,  the  remaining  seventy-five  per  cent,  being  sim¬ 
ply  on-lookers  at  the  work  of  the  others  or  requiring  to 
be  forced  to  do  the  work  themselves  orally  or  in 
writing.  Written  digesting  and  written  notes  upon 
hypothetical  cases  are  the  only  means  to  supplement 
oral  work  by  the  case  method  so  as  to  hold  all  the  stu¬ 
dents  to  an  equal  responsibility  for  case  work  and 
equally  to  train  the  entire  class.  If  the  oral  work  of  the 
class  is  to  be  thus  supplemented  by  written  work  an  im¬ 
mense  amount  of  labor  in  examining  the  results  of  such 


22 


work  is  necessary.  It  is  obvious  that  under  these  condi¬ 
tions  neither  the  resident  faculty  nor  the  students  will 
have  time  for  legal  practice  or  for  other  employment 
outside  of  the  duties  of  the  law  school. 

Further  points  concerning  the  outline  will  be  derived 
by  comparing  it  with  the  course  of  instruction  put 
out  by  Harvard  Law  School  for  the  years ’97-98.  That 
course  I  reprint  from  the  Harvard  catalogue.  It  is  as 
follows: 

First  Year. 

Contracts.  Professor  Williston.  Three  hours  a  week. 
Cases  on  Contracts:  Langdell,  vol.  1  (2  ed.),  Willis¬ 
ton,  vol.  2. 

Criminal  Law  and  Procedure.  Professor  Beale.  Two 
hours  a  week.  Beale’s  Cases  on  Criminal  Law. 

Property.  Professor  Gray.  Two  hours  a  week.  Gray’s 
Cases  on  Property,  vols.  1,  2. 

Torts.  Professor  Smith.  Two  hours  a  week.  Cases  on 
Torts:  Ames,  vol.  1  (2d  ed.),  Smith,  vol.  2. 

Civil  Procedure  at  Common  Law.  Professor  Ames.  One 
hour  a  week.  Ames’  Cases  on  Pleading. 

Second  Year. 

Agency.  Professor  Wambaugh.  Two  hours  a  week. 
Wambaugh’s  Cases  on  Agency. 

Bills  of  Exchange  and  Promissory  Notes.  Professor 
Williston.  Two  hours  a  week.  Ames’s  Cases  on 
Bills  and  Notes. 

Carriers.  Professor  Beale!  Two  hours  a  week.  Beale’s 
Cases  on  Carriers. 


23 


Contracts  and  Quasi-Contracts.  Professor  Wambaugh. 
Two  hours  a  week.  Keener’s  Cases  on  Quasi-Con¬ 
tracts. 

Evidence.  Professor  Thayer.  Two  hours  a  week. 
Thayer’s  Cases  on  Evidence. 

Insurance — Marine,  Fire  and  Life.  Professor  Wam¬ 
baugh.  Two  hours  a  week.  Wambaugh’ s  Cases  on 
Insurance. 

Jurisdiction  and  Procedure  in  Equity.  Professor  Lang- 
dell.  Two  hours  a  week.  Langdell’s  Cases  in 
Equity  Pleading. 

Property.  Asst.  Professor  Williams.  Two  hours  a 
Week.  Gray’s  Cases  on  Property ,  vols.  3,  4. 

Sales  of  Personal  Property.  Professor  Thayer.  Two 
hours  a  week.  Willi ston’s  Cases  on  Sales. 

Trusts.  Professor  Ames.  Two  hours  a  week.  Ames’s 
Cases  on  Trusts  (2d  ed.). 

[Damages.  Two  hours  a  week  for  half  the  year . 
Beale’s  Cases  on  Damages .] 

Omitted  in  1897-98. 

[The  Interpretation  of  Statutes.*  One  hour  a  week.\ 
Omitted  in  1897-98. 

Law  of  Persons.  Professor  Smith.  One  hour  a  week. 

Third  Year. 

Conflict  of  Laws  and  International  Law.*  Professor 
Beale.  Two  hours  a  week. 

Constitutional  Law.  Professor  Thayer.  Two  hours 
a  week.  Thayer’s  Cases  on  Constitutional  Law. 

Corporations.  Professor  Smith.  Two  hours  a  week. 
Smith’s  Cases  on  Corporations. 


(*)  No  text  books. 


24 


Jurisdiction  and  Procedure  in  Equity.*  Professor  Lang- 
dell.  Two  hours  a  week. 

Mortgages.*  Asst.  Professor  Williams.  Two  hours  a 

week. 

Partnership.  Professor  Ames.  Two  hours  a  week. 
Ames’s  Cases  on  Partnership. 

Property.  Professor  Gray.  Two  hours  a  week.  Gray’s 
Cases  on  Property ,  vols.  5,  6. 

Comparative  Jurisprudence.*  Professor  Gray.  One 

hour  a  week. 

Roman  Law — selected  topics.*  Asst.  Professor  Wil¬ 
liams.  Two  hours  a  week. 

Suretyship.  Professor  Ames.  One  hour  a  week.  Ames’s 
Cases  on  Suretyship. 

Extra  Courses. 

Massachusetts  Practice.  Mr.  Thayer.  One  hour  a 
week. 

[Civil  Procedure  under  the  New  York  Code.  Not  less 
than  thirty  hours.\ 

Omitted  1897-98. 

Comparison  of  the  two  courses  develops  the  follow¬ 
ing  points  of  contrast: 

1st.  The  Harvard  course  is  not  correlated  to  any 
jurisprudential  scheme.  In  itself  it  contains  no  crite¬ 
rion  by  which  to  determine  whether  it  is  complete  or 
logically  arranged.  In  fact  it  is  incomplete  and  il¬ 
logical. 

2nd.  The  great  objection  to  the  Harvard  course  is  its 
adherence  to  the  case  method  of  instruction  to  the  ex- 


(*)  No  text  books. 


25 


elusion  of  other  methods.  The  study  of  cases  is  neces¬ 
sarily  slow.  How  slow  it  is  anyone  can  demonstrate 
by  an  actual  trial  of  it.  Of  the  30  topics  in  the 
Harvard  course  21  are  taught  by  the  study  of  cases.  Six 
topics  are  marked  “no  text  book,”  either  because 
suitable  text  books  are  not  at  hand  or  it  is  not  deemed 
desirable  to  use  them.  With  its  faculty  teaching  by  the 
case  method  it  is  impossible  for  the  Harvard  School  to 
cover  the  field  of  the  law  in  three  years. 

3rd.  The  Harvard  course  is  defective:  The  use  of 
the  case  method  involves  the  sacrifice  of  the  great  topics 
of  international  law  and  of  public  law  during  the  first 
and  second  years  except  in  the  single  topic  of  criminal 
law  and  procedure.  The  important  subjects  of  consti¬ 
tutional  law  and  of  administrative  law  are  for  two  years 
left  untouched  except  as  students  may  glean  incidental¬ 
ly  to  their  other  work  something  of  the  principles  of 
these  topics.  Likewise  during  the  first  and  second  year 
the  subjects  of  normal  and  abnormal  persons  continue 
practically  untaught  except  in  an  incidental  way.  In¬ 
deed  all  of  the  time  given  to  international  law,  consti¬ 
tutional  law  and  corporations  in  Harvard  is  in  the  third 
year  during  which  two  hours  per  week  for  thirty-six 
weeks,  or  about  seventy-two  hours  a  year  for  each  of  the 
three  topics,  is  to  be  given  by  the  student.  No  adequate 
treatment  of  these  topics  can  be  made  by  any  university 
in  so  short  a  period  of  time,  especially  where  the  work 
is  conducted  by  the  case  method.  The  important  sub¬ 
ject  of  wills  is  omitted  as  is  likewise  the  topic  of  do¬ 
mestic  relations,  the  subjects  of  bonds  and  of  the  official 
duties  of  governmental  agents.  Jurisprudence  in  the 
sense  of  legal  grammar,  an  elementary  study  of  the 
greatest  importance  to  law  students,  is  likewise  omitted 


2  6 


except  as  it  may  be  represented  by  the  thirty-six  hours’ 
work  in  the  third  year  upon  the  subject  of  comparative 
jurisprudence.  There  is  no  work  on  elementary  law 
provided,  although  this  defect  is  half-supplied  by  re¬ 
quiring  a  knowledge  of  Blackstone’s  Commentaries  as 
a  preparation  for  admission. 

In  adjective  law  the  Harvard  course  is  defective  in 
many  particulars.  The  treatment  of  jurisdiction,  for 
example,  appears  to  be  limited  to  equity  jurisdiction. 
No  reason  exists  why  common  law  and  statutory  juris¬ 
diction  as  well  as  the  peculiarities  of  state  and  federal 
jurisdiction  should  not  be  taught  to  students.  Upon  the 
subjects  of  courts  and  judicial  machinery  the  Harvard 
course  appears  to  contain  nothing.  Except  incidentally 
to  some  other  topic  the  great  field  of  remedies  is  left 
unoccupied  by  Harvard.  Code  pleading  and  practice 
while  formerly  studied  appear  to  be  omitted  in  ’97 
and  ’98.  Nor  does  there  appear  to  be  any  special  treat¬ 
ment  of  remedies,  pleading  and  practice  in  federal 
courts.  The  subjects  of  forensic  medicine  and  legal 
ethics  are  likewise  omitted.  There  appears  to  be  a 
course  in  comparative  jurisprudence  of  one  hour  per 
week,  aggregating  perhaps  thirty-six  hours  in  a  year,  a 
time  utterly  inadequate  to  treat  the  subject  of  compara¬ 
tive  statutory  law,  comparative  constitutional  law  and 
comparative  administrative  law  not  to  mention  other 
branches  of  comparative  law.  Nothing  upon  the  subject 
of  legal  history  is  embraced  in  the  Harvard  course. 
Nothing  appears  concerning  European  continental  or 
Spanish-American  law.  The  treatment  of  Roman  law 
is  restricted  to  “selected  topics.”  No  special  courses 
are  provided  in  admiralty,  banking,  mining,  patent, 
railway  or  other  topics  in  which  students  may  desire 
special  instruction. 


2  7 


4th.  The  arrangement  of  the  Harvard  course  is  ap¬ 
parently  without  reference  to  any  logical  correlation  of 
subjects.  Constitutional  law,  a  department  which 
abounds  in  fundamental  principles,  is  taught  in  the 
third  year.  The  adjective  subjects  of  civil  procedure, 
evidence,  jurisdiction  and  practice  instead  of  being 
placed  together  so  that  all  of  the  efforts  of  the  students 
may  be  concentrated  at  once  upon  the  field  of  adjective 
law,  are  scattered  through  the  three  years  of  study. 
Agency  is  studied  in  the  second  year  while  its  legiti¬ 
mate  extension,  partnership,  is  deferred  to  the  third 
year. 

I  cannot  but  conclude  from  an  examination  of  the 
course  at  Harvard  Law  School  that  it  is  defective  in  many 
important  particulars,  and  that  it  is  illogically  arranged 
with  reference  to  the  best  plan,  or  any  plan,  of  instruct¬ 
ing  students  progressively  in  the  study  of  law.  It  seems 
to  me  that  the  department  of  law  in  Harvard  Univer¬ 
sity  is  greatly  handicapped  by  exclusive  adherence  to 
the  case  method  of  instruction  and  that  such  adherence 
has  involved  the  sacrifice  of  many  important  branches 
of  legal  learning  from  the  curriculum  of  the  school. 

In  this  comparison  Harvard  has  not  been  selected  for 
invidious  distinction.  An  examination  of  the  courses  of 
the  other  law  schools  will  disclose  grounds  for  criticisms 
differing  perhaps  in  particulars  as  to  different  schools 
but  agreeing  with  the  above  in  substance  as  to  all  of 
them.  It  may  be  added  with  reference  to  the  case 
method  that  excellent  for  mental  discipline  as  it  is  its 
adoption  as  an  exclusive  method  of  instruction  will 
greatly  handicap  any  institution.  While  I  believe  in 
goingto  original  sources  for  information  and  in  original 
work  both  by  faculty  and  students  I  do  not  believe 
that  such  theories  of  teaching  should  be  carried  to  the 


28 


point  of  discarding  the  use  of  text  books  and 
recitations.  This  would  not  be  for  a  moment  ad¬ 
mitted  in  the  teaching  of  geometry,  physiology,  history, 
geology  or  any  other  science.  It  is  not  easy  to 
understand  why  the  practice  of  using  text  books  which 
is  successful  in  the  teaching  of  every  other  science 
should  be  practically  abandoned  by  a  great  university  in 
the  teaching  of  legal  science. 

The  best  method  of  teaching  law  is  a  judicious  com¬ 
bination  of  case  work,  text  book  work,  recitations  and 
lectures  with  notes  and  “  quizzes.  ’  ’  There  is  no  need  why 
in  a  course  of  three  years  study  any  of  the  great  topics  of 
law  should  be  omitted  or  neglected.  All  that  is  necessary 
to  insure  reasonable  work  in  them,  coupled  with  the  at¬ 
tainment  of  good  mental  discipline  on  the  part  of  the 
students  is  that  proper  methods  of  teaching  should  be 
adopted  in  places  suitable  for  their  use.  A  slavish  ad¬ 
herence  to  any  one  educational  method  will  defeat  the 
best  work  otherwise  attainable. 

Not  all  can  be  told  in  an  outline  of  study  as  to  the 
details  of  putting  it  in  practice.  Each  of  the  topics  re¬ 
quires  to  have  courses  of  work  scheduled  as  to  the  assign¬ 
ment  of  lessons  and  as  to  the  cases  and  statutes  to  be 
read  and  special  matter  needs  to  be  prepared  for  class 
use  by  the  instructor.  Such  schedules  and  special  mat¬ 
ters  cannot  be  indicated  except  after  conference  with  the 
teacher.  The  conditions  and  scope  of  this  communica¬ 
tion  make  it  impossible  for  me  to  present  details  of  this 
kind. 

PREPARATORY  WORK. 

Observance  of  students  and  practitioners  of  law  for 
many  years  past  satisfies  me  that  for  the  most  part  they 


29 


are  unprepared  in  general  education  for  professional 
work.  I  constantly  hear  students  and  lawyers  who  talk 
in  ungrammatical  fragments  of  sentences,  whose  ideas 
lack  coherence  or  logical  relevancy  and  whose  modes  of 
expression  are  wanting  in  consecutiveness,  fluency  and 
point.  Men  appear  in  the  class  rooms  of  the  law  schools 
possessing  some  of  the  simple  forms  of  elementary  edu¬ 
cation  but  who  are  notwithstanding  so  helpless  in  actual 
work  as  to  be  unable  to  state  in  their  own  language  the 
substance  of  a  paragraph  of  legal  literature  read  by 
them.  Often  the  young  men  are  so  defectively  trained 
in  logical  intellectual  operations  as  to  be  unable  to  make 
a  simple  deduction  from  a  major  and  minor.  In  the 
practical  work  of  the  lawyer  many  men  betray  igno¬ 
rance  of  the  plainest  principles  of  physical  science  and 
show  little  or  no  knowledge  of  the  arts  of  modern  life. 
It  is  my  hope  that  the  management  of  the  Chicago  Uni¬ 
versity  may  see  the  way  clear  resolutely  to  set  its  face 
against  admission  to  its  school  of  law  of  men  thus  dis¬ 
qualified  for  legal  study  and  practice.  I  recommend  in¬ 
sisting  from  those  who  apply  for  admission  to  the  law 
school  of  the  University  upon  qualifications  in  the 
following  branches  of  study: 

1.  A  common  school  education  in  reading,  writing, 
arithmetic,  spelling,  grammar  and  geography  both 
physical  and  political. 

2.  Advanced  work  in  English  grammar,  composi¬ 
tion,  rhetoric  and  English  literature. 

3.  An  advanced  training  in  Latin  and  either  French 
or  German.  Latin  is  in  my  judgment  absolutely  neces¬ 
sary  to  an  adequate  training  in  English. 

4.  An  advanced  course  in  mathematics  which  shall 
include  higher  arithmetic,  algebra,  geometry,  trigonom- 


30 


etry  and  surveying.  This  preparation  I  deem  to  be  of 
highest  importance  in  the  mental  discipline  of  students, 
and  to  it  should  be  added  a  fair  training  in  book-keep¬ 
ing,  an  art  which  the  practicing  lawyer  finds  very  help¬ 
ful. 

5.  Advanced  work  in  physical  and  natural  science. 
Every  lawyer  whose  practice  rises  above  the  most  ordi¬ 
nary  cases  finds  himself  aided  by  a  knowledge  of  the 
laws  of  mechanics,  optics  and  other  departments  of 
physics.  In  other  sciences  physiology  and  hygiene  are 
of  constant  use  to  the  lawyer;  while  no  better  training 
for  the  perceptive  faculties  can  be  had  than  through  the 
study  of  botany,  geology  and  natural  history. 

6.  A  thorough  course  in  logic,  both  deductive  and 
inductive,  especially  the  latter.  I  have  always  found 
my  early  work  in  Mills’  Logic  of  great  benefit  in  per¬ 
forming  my  professional  duties. 

7.  A  good  preparation  in  American,  English,  Roman 
and  continental  history. 

8.  A  course  in  recent  economics  and  sociology. 

It  may  be  said  that  the  foregoing  requirements  mean 
practically  a  college  preparation  for  admission  to  the 
study  of  law.  Granted:  But  in  a  profession  whose 
members  should  be  picked  men  of  the  highest  intellec¬ 
tual  abilities,  no  better  test  by  which  to  select  them 
can  be  devised.  Such  a  preparation  for  the  study  of 
law  is  not  beyond  the  power  of  any  man.  And  as  be¬ 
tween  two  men,  one  of  whom  is  willing  to  make  this 
preparation  for  the  study  and  practice  of  law  and  the 
other  of  whom  is  not  willing,  I  have  no  hesitancy  in 
saying  that  the  former  is  to  be  preferred  as  likely  to  be 
a  better  man,  a  superior  citizen  and  a  more  capable 
lawyer. 


3i 


CONCLUSION. 

In  conclusion  I  desire  to  point  out  that  the  School  of 
Law  of  a  university  is  its  most  important  department. 
It  may  send  forth  men  who  become  notable  in  art,  liter¬ 
ature,  science  and  philosophy.  Its  seminaries  may 
graduate  others  who  become  eminent  as  divines.  Its 
schools  of  medicine  may  educate  skilful  physicians  and 
surgeons.  But  it  is  from  the  law  school  that  will  come 
the  accomplished  lawyers,  learned  jurists  and  distin¬ 
guished  statesmen  whose  achievements  will  indicate 
most  surely  the  worth  of  its  privileges  and  shed  most 
brilliant  luster  upon  the  character  of  the  University. 
There  are  no  fields  of  industrial,  commercial,  profes¬ 
sional  or  public  activities  into  which  the  practice  of  law 
does  not  lead,  and  there  are  no  such  fields  wherein  the 
abilities  of  lawyers,  the  learning  of  judges  and  the  re¬ 
sources  of  statesmen  have  not  greatly  distinguished  the 
bar  and  enabled  its  members  most  widely  to  benefit  hu¬ 
manity.  It  is  a  great  opportunity  which  the  University 
of  Chicago  has  in  being  able  to  found  a  new  school 
to  educate  men  for  such  a  profession.  It  is  in  a 
position  to  begin  this  work  absolutely  fresh,  untram¬ 
meled  by  unsuccessful  attempt,  unrestrained  by  the 
prejudices  or  policies  of  older  institutions  and  with  the 
support  of  a  people  whose  liberality  is  never  stinted 
where  they  are  satisfied  that  an  educational  institution 
is  founded  upon  lines  of  culture,  deep,  broad,  and  far 
reaching  in  purposes  of  use,  worth  and  beneficence.  To 
realize  this  opportunity  to  the  fullest  extent  the  primal 
inquiry  is:  What  will  the  new  law  department  do? 
What  will  be  its  purposes,  its  plans,  the  results  of  its 
labors?  At  the  very  outset  so  far  as  possible  these  ques- 


32 


tions  should  be  answered.  Upon  what  the  work  of  the 
school  shall  be  depends  the  organization  of  its  faculty, 
the  planning  and  erection  of  its  buildings,  the  expenses 
of  its  conduct  and  maintenance,  the  character  and  num¬ 
ber  of  the  students  whom  it  will  gather  within  its  walls 
and  the  work  which  they  will  do  when,  admitted  to  the 
bar,  they  shall  take  their  places  among  the  veterans  of 
the  profession.  Defectiveness  and  false  arrangement  of 
work,  ill  adaptation  of  methods  of  instruction,  lax  in¬ 
sistence  upon  high  qualifications  in  those  who  seek  ad¬ 
mission  to  its  classes,  a  disposition  to  conduct  the 
department  for  revenue  rather  than  for  liberal  profes¬ 
sional  education  should  be  avoided,  lest,  as  otherwise 
they  surely  will,  these  things  work  injury  to  the  school 
itself  and  to  the  University.  And  by  avoiding  them, 
by  making  the  department  of  law  truly  national  in 
character,  by  covering  in  its  work  the  whole  field  of 
the  science  of  jurisprudence,  by  drawing  to  it  a  faculty 
embracing  men  of  worth  as  teachers  of  law  and  who 
are  accomplished  lawyers,  eminent  judges  and  dis¬ 
tinguished  statesmen,  by  teaching  law  according  to  well 
planned  courses  of  instruction  and  appropriate  methods, 
and  by  enrolling  in  the  school  young  men  of  good  intel¬ 
lectual  qualities  and  proven  excellence  in  preparatory 
education,  the  law  department  of  the  University  of 
Chicago  may  realize  the  highest  aspirations  of  its  found¬ 
ers  and  patrons — toward  which  if  I  have  in  some  meas¬ 
ure  contributed  I  am  both  gratified  and  honored. 

I  am,  sir,  with  respect, 

Sincerely  yours, 

Adelbert  Hamilton. 


Chicago,  May  7,  1898. 


